BILL NUMBER: AB 1810	CHAPTERED  09/19/00

	CHAPTER   512
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 17, 2000
	PASSED THE SENATE   AUGUST 24, 2000
	PASSED THE ASSEMBLY   MAY 18, 2000
	AMENDED IN ASSEMBLY   MAY 9, 2000

INTRODUCED BY   Assembly Member Wiggins
   (Coauthors: Assembly Members Alquist, Cox, Davis, Floyd, and
Wildman)
   (Coauthors: Senators Figueroa, Polanco, and Speier)

                        FEBRUARY 3, 2000

   An act to amend Sections 12015.3 and 12246 of the Business and
Professions Code, relating to weights and measures.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1810, Wiggins.  Weights and measures.
   Existing law authorizes any sealer to levy a civil penalty against
a person who violates specified laws or regulations governing
weights and measures, with specified exceptions.  Under existing law,
payment of the civil penalty is a complete defense to criminal
prosecution for the same acts.  Existing law requires that, before a
civil penalty is levied, the person charged with the violation be
given written notice of the proposed action and the right to request
a hearing, as specified.  Existing law sets forth the procedures that
apply to an appeal of the sealer's decision.  Under existing law,
these provisions are repealed on January 1, 2001.
   This bill would extend that repealed date to January 1, 2006.
   Existing law repeals specified provisions on January 1, 2001,
which authorize counties to charge annual device registration fees to
recover the costs of the county sealer in inspecting or testing
weighing and measuring devices.
   This bill would extend that repeal date to January 1, 2006.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12015.3 of the Business and Professions Code is
amended to read:
   12015.3.  (a) The sealer may levy a civil penalty against a person
violating any provision of this division or a regulation adopted
pursuant to any of these provisions, of not more than one thousand
dollars ($1,000) for each violation.  It is a complete defense to a
criminal prosecution for a violation of any provision of this
division or a regulation adopted pursuant to any provision of this
division that the defendant has been assessed and has paid a civil
penalty under this section for the same act or acts constituting the
violation.  Any civil penalty under this section shall be cumulative
to civil remedies or penalties imposed under any other law.
   (b) Before a civil penalty is levied, the person charged with the
violation shall be given a written notice of the proposed action
including the nature of the violation and the amount of the proposed
penalty, and shall have the right to request a hearing.  The request
shall be made within 20 days after receiving notice of the proposed
action.  A notice of the proposed action that is sent by certified
mail to the last known address of the person charged shall be
considered received even if delivery is refused or the notice is not
accepted at that address.  If a hearing is requested, notice of the
time and place of the hearing shall be given at least 10 days before
the date set for the hearing.  At the hearing, the person shall be
given an opportunity to review the sealer's evidence and to present
evidence on his or her own behalf.  If a hearing is not timely
requested, the sealer may take the action proposed without a hearing.

   (c) If the person upon whom the sealer levied a civil penalty
requested and appeared at a hearing, the person may appeal the sealer'
s decision to the secretary within 30 days of the date of receiving a
copy of the sealer's decision.  The following procedures apply to
the appeal:
   (1) The appeal shall be in writing and signed by the appellant or
his or her authorized agent, state the grounds for the appeal, and
include a copy of the sealer's decision.  The appellant shall file a
copy of the appeal with the sealer at the same time it is filed with
the secretary.
   (2) The appellant and the sealer may, at the time of filing the
appeal or within 10 days thereafter or at a later time prescribed by
the secretary, present the record of the hearing including written
evidence that was submitted at the hearing and a written argument to
the secretary stating grounds for affirming, modifying, or reversing
the sealer's decision.
   (3) The secretary may grant oral arguments upon application made
at the time written arguments are filed.
   (4) If an application to present an oral argument is granted,
written notice of the time and place for the oral argument shall be
given at least 10 days before the date set therefor.  The times may
be altered by mutual agreement of the appellant, the sealer, and the
secretary.
   (5) The secretary shall decide the appeal on the record of the
hearing, including the written evidence and the written argument
described in paragraph (2), that he or she has received.  If the
secretary finds substantial evidence in the record to support the
sealer's decision, the secretary shall affirm the decision.
   (6) The secretary shall render a written decision within 45 days
of the date of appeal or within 15 days of the date of oral arguments
or as soon thereafter as practical.
   (7) On an appeal pursuant to this section, the secretary may
affirm the sealer's decision, modify the sealer's decision by
reducing or increasing the amount of the penalty levied so that it is
within the secretary's guidelines for imposing civil penalties, or
reverse the sealer's decision.  Any civil penalty increased by the
secretary shall not be higher than that proposed in the sealer's
notice of proposed action given pursuant to subdivision (b).  A copy
of the secretary's decision shall be delivered or mailed to the
appellant and the sealer.
   (8) Any person who does not request a hearing pursuant to
subdivision (b) may not file an appeal pursuant to this subdivision.

   (9) Review of a decision of the secretary may be sought by the
appellant within 30 days of the date of the decision pursuant to
Section 1094.5 of the Code of Civil Procedure.
   (d) After the exhaustion of the appeal and review procedures
provided in this section, the sealer, or his or her representative,
may file a certified copy of a final decision of the sealer that
directs the payment of a civil penalty and, if applicable, a copy of
any decision of the secretary or his or her authorized representative
rendered on an appeal from the sealer's decision and a copy of any
order that denies a petition for a writ of administrative mandamus,
with the clerk of the superior court of any county.  Judgment shall
be entered immediately by the clerk in conformity with the decision
or order. No fees shall be charged by the clerk of the superior court
for the performance of any official service required in connection
with the entry of judgment pursuant to this section.
   (e) If the civil penalty is levied by the State Sealer, the
revenues derived therefrom shall be deposited in the Department of
Food and Agriculture Fund and, upon appropriation, shall be used by
the State Sealer to carry out his or her responsibilities under this
division.  If the civil penalty is levied by the county sealer, the
revenues shall be deposited in the general fund of the county and,
upon appropriation by the board of supervisors, shall be used by the
county sealer to carry out his or her responsibilities under this
division.
   (f) This section does not apply to violations involving utility
meters, or to violations involving the testing and inspection of
utility meters, in mobilehome parks, recreational vehicle parks, or
apartment complexes, where the owner of the park or complex owns and
is responsible for the utility meters.
   (g) Upon the written request of the Attorney General of
California, any district attorney, or any city prosecutor or city
attorney described in subdivision (a) of Section 17206, the State
Sealer or the county sealer within their respective jurisdictions,
shall provide all reports and records regarding any actions that
occurred within the four months prior to the date of the written
request in which civil penalties were levied pursuant to this section
or liability for costs incurred are determined pursuant to Section
12015.5.
   (h) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.
  SEC. 2.  Section 12246 of the Business and Professions Code is
amended to read:
   12246.  This article shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.
